Section 128: Special provisions with regard to agreements with crew of Pakistani foreign-going

128. Special provisions with regard to agreements with crew of Pakistani foreign-going ships.—(1) The following provisions shall have effect with respect to the agreement with the crew made in Pakistan in the case of Pakistani foreign-going ships, namely :–– (a) The agreement shall, subject to the provisions of this Ordinance, as to substitute, be signed by each seamen in the presence of a Shipping Master; (b) the Shipping Master shall cause the agreement to be read over and explained to each seaman, in a language understood by him, or shall otherwise ascertain that each seaman understands the same before he signs it, and shall attest each signature; (c) when the crew is first engaged, the agreement shall be signed in duplicate, and one part shall be retained by the Shipping Master, and the other part shall be delivered to the master, and shall contain a special place or form for the descriptions and signatures of substitutes or persons engaged subsequently to the first departure of the ship; (d) when a substitute is engaged in the place of a seaman who has duly signed the agreement and whose services are lost, within twenty four hours of the ship's putting to sea by desertion, death, or other unforeseen cause, the engagement shall, if practicable, be made before a Shipping Master, and if not practicable, the master shall, before the ship puts to sea, if practicable, and, if not, as soon afterwards as possible, cause the agreement to be read over and explained to the substitute, and the substitute shall thereupon sign the same in the presence of a witness who shall attest the signature; (e) the agreement may be made for a voyage of the ship or, if the voyages of the ship average less than six months in duration, may, subject to the provisions of sub-section (2), be made to extend over two or more voyages; and agreements so made are in this Ordinance referred to as running agreements; (f) on every return to a port or place in Pakistan before the final termination of a running agreement, the master shall discharge or engage before the Shipping Master at such port or place any seaman whom he is required by law so to discharge or engage, and shall upon every such return endorse on the agreement a statement that no such discharges or engagements have been made or are intended to be made before the ship leaves such port or place or, as the case may be, that all those made have been made as required by law; and (g) the master shall deliver the running agreement so endorsed to the Shipping Master, and the Shipping Master shall. if the provisions of this Ordinance relating to agreements have been complied with, sign the endorsement and return the agreement to the master. (2) A running agreement shall not extend beyond the expiration of the period of six months from the date on which it was executed, or beyond the first arrival of the ship at her port or place of destination in Pakistan after the expiration of that period, or beyond the discharge of cargo consequent upon such arrival, whichever of these dates shall be the latest: Provided that no such agreement shall continue in force if, after the expiration of the period of six months from the date on which it was executed, the ship proceeds on a voyage from a port or place outside Pakistan to any other such port or place which is not on the direct route or a customary route to her port or place of destination in Pakistan: Provided further that every such agreement shall, in addition to any other particulars required by law, contain such stipulations, as the Federal Government may direct, for the discharge of the crew and payment of their wages for securing their return to the port or place at which they were shipped or to some other port or place in Pakistan, and for other purpose, on the termination of the agreement at a port or place outside Pakistan under the foregoing proviso. (3) If any master wilfully makes a false statement in any such endorsement as is referred to in clause (f) of sub-section (1), he shall for each offence, be liable to a fine which may extend to ten thousand rupees.

Effective date: 2001-01-01

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